ASG Group Properties Ltd v Orszulak [2011] ICQ 29

CITATION: ASG Group Properties Ltd AND Tanya Michele Orszulak (C/2011/38) - Decision <http://www.qirc.qld.gov.au> INDUSTRIAL COURT OF QUEENSLAND Workplace Health and Safety Act 1995 - s. 152 - appeal against original decision ASG Group Properties Ltd AND Tanya Michele Orszulak (C/2011/38) PRESIDENT HALL 10 November 2011 DECISION [1] This matter has its origin in a requirement purportedly issued by an Inspector pursuant to s. 121 of the Workplace Health and Safety Act 1995 (the Act). The person to whom the requirement was directed, viz., ASG Group Properties Ltd, sought a Statutory Review. A Review Decision was made and notified to ASG Group Properties Ltd within the time limits at s. 150 of the Act. The outcome of the Review process was that the requirement was withdrawn. [2] ASG Group Properties Ltd subsequently appealed against the original decision to this Court. The Appeal was lodged outside the time limit at s. 153(2)(a) of the Act. ASG Group Properties Ltd seeks an Extension of Time. In circumstances in which the requirement has been withdrawn, it would not be a proper exercise of discretion to enlarge time to hear a hypothetical. [3] The Application to Appeal seeks an order for costs. Had the Appeal been within the time and been allowed, the Application for costs would have failed on the ground that neither under the Act nor under the Industrial Relations Act 1999, has this Court power to grant costs to a successful appellant. [4] It was for the above reasons that on 8 November 2011, I refused the Application for Extension of Time. Dated 10 November 2011. D.R. HALL, President. Released: 10 November 2011 Appearances: Mr A.R. Girle of Sparke Helmore Lawyers, for the Appellant. Mr R. Watson and Ms L. McConnell of Legal and Prosecution Services, Department of Justice and Attorney-General for the Respondent. -- 1 of 1 --